What Are The Reasons For Dismissal From Employment?

A dismissal is when an employer ends an employee's contract.

If or when required, the employer must use and show a fair and reasonable procedure in deciding whether to dismiss an employee. The employer should:

• believe they have a valid reason for dismissing an employee;
• follow a full and fair procedure, usually in line with the Acas Code of Practice;
• make a decision that is balanced, consistent, and as fair as possible.

Under the Employment Rights Act 1996, the following are potential reasons to fairly dismiss an employee:

• conduct – when the employee has done something inappropriate or not acceptable;
• capability – when the employee is not able to do the job or does not have the right qualifications;
• redundancy – when the job is no longer needed;
• a legal reason – when the employee cannot do their job legally, for example, a lorry driver who is banned from driving;
• some other substantial reason – for example, a fixed-term contract ending or third-party pressure, like a client refusing to work with an employee, or an employee refusing to agree to new terms and conditions of employment.

More information is available in the By Lawyers Employment and Employment Dispute guides.